Page:Copyright Act 2021.pdf/125

126 Suspension of section 198 for contravention of record-keeping requirements

199.—(1) Subject to this section, a Copyright Tribunal may make an order suspending the application of the whole of section 198 in relation to a body administering an educational institution.

(2) A suspension order may only be made on an application by the Attorney-General.

(3) A suspension order against a body administering an educational institution may only be made if—
 * (a) the body has been convicted of 2 or more record-keeping offences;
 * (b) the administrator of the institution has been convicted of 2 or more record-keeping offences; or
 * (c) the body and the administrator of the institution has each been convicted of one record-keeping offence and the offences arise from separate transactions.

(4) A suspension order may not be made against a body administering an educational institution if the Tribunal is satisfied that the body has taken all reasonable steps to ensure that no further record-keeping offences will be committed in relation to copies made by or on behalf of the body.

(5) The Tribunal may revoke a suspension order against a body administering an educational institution—
 * (a) on the application of the body; and
 * (b) if the Tribunal is satisfied that the body has taken all reasonable steps to ensure that no further record-keeping offences will be committed in relation to copies made by or on behalf of the body.

(6) In this section—

“administrator”, in relation to an educational institution, means the person who is responsible for the day-to-day administration of the institution;